2019 - 2020 LEGISLATURE
January 30, 2020 - Introduced by Representatives Nygren and Vos, cosponsored
by Senators Petrowski and Fitzgerald. Referred to Committee on
AB820,1,10 1An Act to repeal 84.062 (1) (k) and 84.062 (5) (a) 2. d.; to renumber 84.062 (6)
2(f); to renumber and amend 84.062 (2); to amend 84.062 (1) (m), 84.062 (5)
3(a) 1. a., 84.062 (5) (a) 2. h., 84.062 (5) (a) 2. i., 84.062 (5) (a) 2. k., 84.062 (5) (b)
4and 84.062 (6) (a) 11.; and to create 84.062 (1) (f), 84.062 (1) (j), 84.062 (1) (L),
584.062 (1) (p), 84.062 (2) (b), 84.062 (2) (c), 84.062 (2) (d), 84.062 (3), 84.062 (4),
684.062 (5) (a) 2. f., 84.062 (5) (c), 84.062 (5) (d), 84.062 (6) (a) 14., 84.062 (6) (b),
784.062 (6) (c), 84.062 (6) (d), 84.062 (6) (e), 84.062 (7), 84.062 (8), 84.062 (11),
884.062 (13) and 84.062 (14) of the statutes; relating to: requirements for
9design-build transportation projects, providing an exemption from emergency
10rule procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes to the design-build method that the
Department of Transportation is currently authorized to use for projects.
Under current law, the design and construction of projects are generally two
distinct phases. Under this method, often referred to as “design-bid-build,” DOT has
broad authority to accomplish the design of a project. The construction of a project

must be executed by contract based on bids, with DOT awarding the contract to the
lowest responsible bidder.
Under current law, DOT is also authorized to use a design-build method under
which design, engineering, construction, and related services are procured through
a single contract with a single entity capable of providing the services. Current law
specifies the contents of requests for qualifications and requests for proposals
solicited by DOT for design-build projects.
Under the bill, DOT must award six contracts for design-build projects every
six years. The bill creates requirements for the evaluation of proposals and the
awarding of design-build contracts. Under the bill, DOT must develop a
design-build procurement manual. DOT must also prepare a report for the
transportation projects commission and the legislature evaluating the success of the
design-build program and the Joint Committee on Finance must make a
recommendation as to whether the program should continue.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB820,1 1Section 1. 84.062 (1) (f) of the statutes is created to read:
AB820,2,32 84.062 (1) (f) “Design professional” means a person registered under s. 443.03
3or 443.04 or a firm, partnership, or corporation registered under s. 443.08.
AB820,2 4Section 2. 84.062 (1) (j) of the statutes is created to read:
AB820,2,65 84.062 (1) (j) “Member” means a private legal entity that is a member of a
6consortium or joint venture that is a design-builder.
AB820,3 7Section 3. 84.062 (1) (k) of the statutes, as created by 2019 Wisconsin Act 9,
8is repealed.
AB820,4 9Section 4. 84.062 (1) (L) of the statutes is created to read:
AB820,2,1110 84.062 (1) (L) “Project” means a project involving a highway improvement, as
11defined in s. 84.06 (1) (a).
AB820,5 12Section 5. 84.062 (1) (m) of the statutes, as created by 2019 Wisconsin Act 9,
13is amended to read:
184.062 (1) (m) “Qualified responsible bidder” means a design-builder
2responding to a request for qualifications and that is certified by the technical review
AB820,6 4Section 6. 84.062 (1) (p) of the statutes is created to read:
AB820,3,65 84.062 (1) (p) “Technical review committee” means the committee appointed
6under sub. (3).
AB820,7 7Section 7. 84.062 (2) of the statutes, as created by 2019 Wisconsin Act 9, is
8renumbered 84.062 (2) (a) and amended to read:
AB820,3,119 84.062 (2) (a) The department shall administer a program for design-build
10projects. The department may not designate a project as a design-build project
11unless the department is able to clearly define the scope of work
AB820,8 12Section 8. 84.062 (2) (b) of the statutes is created to read:
AB820,3,2213 84.062 (2) (b) The department shall award 6 design-build contracts every 6
14years, beginning on the effective date of this paragraph .... [LRB inserts date].
15During each 6-year period, the department shall award at least one low bid
16design-build contract, one best value design-build contract, and one fixed price
17variable scope design-build contact and 3 additional contracts that may be any
18combination of low bid design-build, best value design-build, and fixed price
19variable scope design-build contracts. The combined cost of the 6 design-build
20contracts awarded under this paragraph in each 6-year period may not exceed
21$250,000,000 and the combined cost of all low bid design-build contracts awarded
22under this paragraph in each 6-year period may not exceed $25,000,000.
AB820,9 23Section 9. 84.062 (2) (c) of the statutes is created to read:
AB820,4,224 84.062 (2) (c) For each project designated under par. (a), the department shall
25solicit requests for qualifications, requests for proposals, and cost proposals as

1provided in this section and, subject to sub. (7) (c) and (d), let each project by contract
2to a qualified responsible bidder.
AB820,10 3Section 10. 84.062 (2) (d) of the statutes is created to read:
AB820,4,154 84.062 (2) (d) No more than 6 months following the completion of a
5design-build project designated under this subsection, the department shall prepare
6a report, with input from the design-builder and the technical review committee,
7detailing the project, the decision to designate the project as a design-build project,
8the type of design-build contract let, and recommendations for statutory changes,
9if any. The department shall provide this report to the transportation projects
10commission, the joint committee on finance, and the senate and assembly standing
11committees having jurisdiction over transportation matters. The senate and
12assembly standing committees having jurisdiction over transportation matters shall
13schedule a hearing on the report not more than 30 days following distribution of the
14report by the chief clerks of the senate and the assembly. This paragraph does not
15apply to projects awarded after December 31, 2026.
AB820,11 16Section 11. 84.062 (3) of the statutes is created to read:
AB820,4,1917 84.062 (3) Technical review committee. (a) The secretary shall appoint 5
18individuals to a technical review committee to evaluate proposals submitted under
19this section. The committee shall consist of the following:
AB820,4,2020 1. Three employees of the department.
AB820,4,2421 2. Two individuals who are not employees of the department and who are
22chosen in compliance with a memorandum of understanding entered into by the
23department with a state association of architectural, engineering, or design
24companies and a state association of transportation construction companies.
1(b) The secretary may not appoint to the technical review committee any person
2associated, as defined in s. 19.42 (2), with a design-builder. No person appointed to
3the technical review committee may review proposals under this section when the
4proposed project could benefit the appointee or the appointee's immediate family, as
5defined in s. 19.42 (7).
AB820,5,76 (c) A person appointed to the technical review committee is an agent of the
7department under s. 895.46.
AB820,5,98 (d) Except as otherwise provided in this section, all records of the technical
9review committee are open to public inspection and copying under s. 19.35 (1).
AB820,12 10Section 12. 84.062 (4) of the statutes is created to read:
AB820,5,1711 84.062 (4) Selection. The department shall solicit design-build proposals in
122 phases. In the first phase, the department shall solicit requests for qualifications
13under sub. (5) and requests for proposals under sub. (6). The technical review
14committee shall certify responsible bidders as provided in sub. (5) (c) and shall score
15technical proposals as provided in sub. (6) (b). In the 2nd phase, the department shall
16solicit cost proposals and the technical review committee shall evaluate cost
17proposals as provided in sub. (7).
AB820,13 18Section 13. 84.062 (5) (a) 1. a. of the statutes, as created by 2019 Wisconsin
19Act 9
, is amended to read:
AB820,5,2320 84.062 (5) (a) 1. a. The design and construction experience of the
21design-builder or member, personnel, and contractors who will manage the design,
22engineering, and construction aspects of the project. The department may not
23require a level of experience that will unreasonably restrict competition.
AB820,14 24Section 14. 84.062 (5) (a) 2. d. of the statutes, as created by 2019 Wisconsin
25Act 9
, is repealed.
1Section 15. 84.062 (5) (a) 2. f. of the statutes is created to read:
AB820,6,32 84.062 (5) (a) 2. f. The design-builder or a member has been in business for at
3least 12 months.
AB820,16 4Section 16. 84.062 (5) (a) 2. h. of the statutes, as created by 2019 Wisconsin
5Act 9
, is amended to read:
AB820,6,86 84.062 (5) (a) 2. h. The design-builder can provide information to the technical
7review committee
upon request about ownership, management, and control of the
AB820,17 9Section 17. 84.062 (5) (a) 2. i. of the statutes, as created by 2019 Wisconsin Act
, is amended to read: